Rule 351-3-.02 - Dispensing License Applications(1) Only Class 1 or Class 2 production licensees are eligible to apply for a dispensing license as set forth in Code Section 16-12-206.(2) Applications for dispensing licenses and other required information as set forth in this rule shall only be submitted during an open application period announced by the Commission.(3) If an applicant wishes to apply for more than one dispensing license during the same application period, then such applicant shall submit a separate application for each proposed dispensary.(4) To apply for a dispensing license, an applicant shall submit all of the following to the Commission: (a) A complete dispensing license application as required by the Commission.(b) The required non-refundable application fee, as listed on the fee schedule.(c) The Class 1 or Class 2 production license name and number associated with the application.(d) The business information about the dispensing license applicant, including:1. The legal business name, any trade name(s), telephone number, and electronic mail address for such applicant;2. The type of business entity;3. Copies of the articles of incorporation, articles of organization, or other organizational documents as filed with the Georgia Secretary of State; and4. The name, telephone number, and electronic mail address of the applicant's agent, and if different than the agent, a point of contact for day-to-day operational matters.(e) Location information about the proposed dispensary, including:1. The physical address, any suite number(s), city, and county;2. The executed lease agreement, purchase agreement, or other written agreement for the applicant's use of the location for such dispensary;3. An attestation that such dispensary complies with Code Section 16-12-215(a), and if applicable, documentation from the local government for any variance or other local approval as to location of such dispensary;4. The proximity to all dispensaries and to all proposed dispensaries identified in other pending applications submitted by such applicant; and5. A description explaining how the proposed dispensary is needed to serve patients in and around the geographic area of such dispensary.(f) Information about the dispensing license applicant's agent, owner(s), and officer(s), including: 1. Current title(s) of such persons;2. Whether any such is an owner, as defined in Georgia's Hope Act, in any other entity licensed by the Commission or in any cannabis-related license issued by another state; and3. An attestation that such persons can either demonstrate a lack of a felony conviction within the previous ten years or that a felony conviction within the previous ten years has been expunged, the person has been pardoned, or the person had his or her civil rights restored.(g) Information about the applicant's employees for the proposed dispensary, including: 1. The description of job titles and duties of employees;2. The reporting and management structure of employees; and3. An attestation that such employees can either demonstrate a lack of a felony conviction within the previous ten years or that a felony conviction within the previous ten years has been expunged, the person has been pardoned, or the person had his or her civil rights restored.(h) A copy of floor- and site-specific plans and renderings showing the interior and exterior of the proposed dispensary, drawn to scale with square footage clearly illustrated. The site-specific plans shall include and identify all of the following:1. The area of the retail point of dispensing;2. Restricted access areas;3. Patient consultation room(s);4. Other areas and rooms; and5. An enclosed receiving bay or other secured delivery area where product in final packaged form will be received.(i) Information about the involvement of any of the following: 1. Minority business enterprises as defined in Code Section 50-5-131, either as co-owners of the business or as significant suppliers of goods and services for the business;2. Minority or women owned businesses;3. Georgia agricultural businesses; and(j) An affidavit for lawful presence signed and sworn to by the applicant's agent, along with a copy of such agent's secure and verifiable document, as required by Code Section 50-26-1 and Code Section 50-36-2.(k) An attestation that the application for a dispensing license is true and current at the time of submission.(l) Any other documentation requested by the Commission or its employees to determine the dispensing license applicant's suitability for licensure or to ensure public health and safety.(5) If an application for a dispensing license contains information that the applicant claims to be confidential, then the applicant shall submit a redacted and an unredacted version of the application, along with an affidavit explaining or justifying such redactions.(6) An application for a dispensing licensee may be denied or not processed for failure to meet requirements set forth in the Act and these rules.(7) If an application for a dispensing license is approved, then the applicant shall submit the required dispensing license fee, as listed on the fee schedule, to the Commission within thirty (30) days from the issuance of the respective dispensing license.Ga. Comp. R. & Regs. R. 351-3-.02
O.C.G.A. §§ 16-12-203, 16-12-206, 16-12-215, 16-12-223.
Original Rule entitled "Dispensing License Applications" adopted. F. Mar. 16, 2023; eff. Apr. 5, 2023.Amended: F. Nov. 9, 2023; eff. Nov. 29, 2023.